Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.499 of 2025
Pitabas Rout …. Petitioner
Mr. B.R. Mohanty, Advocate -versus-
State of Odisha …. Opp. Party
Mr. M.R. Patra, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 16.01.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Balimi P.S. Case No.02 of 2025, corresponding to G.R. Case No.05 of 2025, pending in the court of learned S.D.J.M., Hindol, for alleged commission of offences punishable under Sections 51/3(5)/303(2)/317(2) of BNS, 2023.
4. It is stated by the learned counsel for the petitioner that he is the owner of the truck, which was involved in illegal transportation of latertie stone. He further contended that the petitioner was neither present at the spot nor the alleged transportation was held
2
with the knowledge of the petitioner. He further contended that although the petitioner has one criminal antecedent, however, he submitted that the petitioner will abide by any stringent terms and conditions to be imposed by this Court.
5.
Learned counsel for the State on the other hand objected to the release of the petitioner on pre-arrest bail.
6. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of more than one criminal antecedent of the Petitioner. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail.
7. The release of the petitioner shall also be subjected to following conditions:
i. The petitioner shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation,
ii. He shall not indulge in any similar criminal offences while on bail.
iii. He shall not use the vehicle in such type of offences.
8. Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.5,000/- (Rupees five thousand)
3
amit before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.
9. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
(Aditya Kumar Mohapatra)
Judge